Irfan Alam Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

Irfan Alam Vs the State of Jharkhand — Mining and Natural Resources | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: the petitioner, in the event of arrest/surrender within three weeks, to be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Ranchi, in connection with Chanho P.S. Case No. 188/2023, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest for offences punishable under Sections 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, rule 54(5) of the Jharkhand Minor Mineral Concession Rules, 2004 and rules 7/11 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, should be enlarged on anticipatory bail.

Court's answer

The court is inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of the petitioner's arrest/surrender within three weeks, he is to be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Ranchi, in connection with Chanho P.S. Case No. 188/2023, subject to the condition laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail – Illegal sand transportation – Offences under Sections 4/21, Mines and Minerals (Development and Regulation) Act, 1957, rule 54(5), Jharkhand Minor Mineral Concession Rules, 2004 and rules 7/11, Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 – Petitioner, claiming to be owner-cum-driver of Turbo vehicle No. JH-01CX-2903 allegedly apprehended loaded with 200 cft. of illegal sand, sought pre-arrest bail in Chanho P.S. Case No. 188/2023 – Point urged that though the vehicle was apprehended on 17.10.2023, the seizure list and F.I.R. dated 11.12.2023 – Petitioner undertook to co-operate in the ongoing investigation – Held, petitioner entitled to be enlarged on anticipatory bail: release on arrest/surrender within three weeks on bail bond of Rs.20,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3491 of 2024

Irfan Alam ... … Petitioner

Versus

The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the petitioner : Mr. Pran Pranay, Advocate For the State : Mr. Pankaj Kumar, A.P.P.

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05/18.07.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, rule 54(5) of Jharkhand Minor Mineral Concession Rules, 2004 and rules 7/11 of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The petitioner is the owner-cum-driver of the vehicle (Turbo) bearing registration No. JH-01CX-2903 which was allegedly apprehended loaded with 200 cft. of illegal sand. It is further submitted that though the said vehicle was apprehended on 17.10.2023, however, the seizure list was prepared on 11.12.2023 and on the said date, F.I.R was also lodged. The petitioner, however, undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

3. Learned A.P.P opposes the petitioner’s prayer for anticipatory bail.

4. Having heard learned counsel for the parties, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly,

the petitioner above named, in the event of his arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Ranchi in connection with Chanho P.S. Case No. 188/2023, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Manish